Labor & Employment
Exploding Text-Harrassment Cases Create Pitfalls for Defense Attorneys
Posted Nov 6, 2009, 05:43 pm CST
By Martha Neil
As supervisors increasingly make objectionable comments to employees via text messages, resulting harassment cases over after-hours comments no longer are based simply on "he said, she said" evidence.
But this seeming bonanza of proof for plaintiffs lawyers is surrounded by potential pitfalls for defense attorneys, according to a Texas Lawyer article reprinted in Corporate Counsel.
It may be a violation of an employee's privacy or statutory rights for in-house counsel to access text messages without the worker's express consent, even if the employer pays for the BlackBerry, cell phone or PDA device from which they were sent, the legal publication says.
Especially since this issue arises at a time when employment litigation is exploding, defense lawyers should… Continue reading...
-
‘Star Associate’ Alleges Breakdown Over Work Conditions, Sues Sedgwick & Partner
Nov 6, 2009, 01:20 pm CST
-
Plaintiffs Lawyers to Earn Up to $28M in Risky Wal-Mart Wage & Hour Litigation
Nov 4, 2009, 02:26 pm CST
-
Joke About Portly Prosecutor Proves Costly for NYC Lawyer
Nov 3, 2009, 05:51 pm CST
-
Law Firm Partner Loses Lawsuit Over Pay & Alleged Strip Club Outings
Nov 3, 2009, 01:45 pm CST
-
Rothstein Firm Seeks Allegedly Missing $100M to $185M; Is He in Morocco?
Nov 2, 2009, 06:05 pm CST
-
Suing Your Ex-Partners
Nov 1, 2009, 07:20 pm CST
-
Heroic Hassles
Nov 1, 2009, 06:10 pm CST
-
Ex-Client Sues Seyfarth, Seeks Treble Damages & Legal Fees
Oct 30, 2009, 02:56 pm CST
-
OSHA Hits BP Refinery With Monster $87.4M Fine; 15 Died in 2005 Explosion
Oct 30, 2009, 12:55 pm CST
-
Jury Says Radio Station Must Pay $16.6M in Woman’s Water Intoxication Death
Oct 30, 2009, 12:12 pm CST
-
Arizona Supreme Court Rules Metadata Is a Public Record
Oct 30, 2009, 07:30 am CST
-
Judge Convicted in Prostitution Case May Not Lose His Job
Oct 29, 2009, 02:00 pm CST
-
Lawyer’s $900/Hour Arbitration Fee Angers Transit Board Members
Oct 28, 2009, 03:25 pm CST
-
Ex-Anheuser Exec, a Lawyer, Sues Over Alleged Pay Bias, ‘Frat Party’ Atmosphere
Oct 27, 2009, 05:54 pm CST
-
Ex-Thelen Employees Try Novel Theory in Suit Against Hiring Firms
Oct 27, 2009, 06:05 am CST
-
Suit by Ex-Prosecutor Claims U.S. Attorney’s Office Was a ‘Girls Club’
Oct 26, 2009, 09:01 am CST
-
Did Northwest Pilots Who Flew Past Airport Fall Asleep? FAA Investigates
Oct 23, 2009, 01:42 pm CST
-
Ethics Complaint: Lawyer Lied About ‘Adult Gig’ Craigslist Ad for Secretary
Oct 22, 2009, 05:47 pm CST
-
Airline’s Sham Divorce Case Over Pilot Pension Payments Doesn’t Fly
Oct 20, 2009, 12:22 pm CST
-
Dad’s Dumpster Dive Led to $1.8M Win in Phone Records ‘Pretexting’ Case
Oct 19, 2009, 06:26 pm CST
-
Is Boa Constrictor a Service Animal? Proposed DOJ Standard Says No
Oct 19, 2009, 03:20 pm CST
-
3rd Circuit Nixes Lawyer’s $14M Age Suit Despite ‘Younger & Cheaper’ Note
Oct 15, 2009, 03:10 pm CST
-
Philly Lawyer Sues Former Law Firm for Alleged Same-Sex Harassment
Oct 8, 2009, 10:35 am CST
-
Lawyer Loses Unemployment Cash Because of $1.30 in Daily Blog Income
Oct 8, 2009, 06:11 am CST
-
Podcast Offers Advice to Practitioners on Handling Workplace Sex Issues
Oct 7, 2009, 02:25 pm CST
-
Top Mass. Court OKs $1M in Punitives for Fired Wal-Mart Pharmacist
Oct 6, 2009, 05:07 pm CST
-
Should David Letterman Have Kept Quiet? Mark Geragos Says Yes
Oct 6, 2009, 04:44 pm CST